New Zealand Legislation: Acts

96 Territorial authority may issue certificate of acceptance in certain circumstances

• (1) A territorial authority may, on application, issue a certificate of acceptance for building work already done—

  • (a) if—

    • (i) the work was done by the owner or any predecessor in title of the owner; and

    • (ii) a building consent was required for the work but not obtained; or

  • (b) if section 42 (which relates to building work that had to be carried out urgently) applies; or

  • (c) if subsections (3) and (4) of section 91 (which apply if a building consent authority that is not a territorial authority or a regional authority is unable or refuses to issue a code compliance certificate in relation to building work for which it granted a building consent) apply; or

  • (d) if—

    • (i) the work affects premises to which section 362A applies; and

    • (ii) a building consent for the work was obtained before 31 March 2005; and

    • (iii) the territorial authority is unable or refuses to issue a code compliance certificate for the work; and

    • (iv) the application for the certificate of acceptance was made before 31 March 2010.

  (2) A territorial authority may issue a certificate of acceptance only if it is satisfied, to the best of its knowledge and belief and on reasonable grounds, that, insofar as it could ascertain, the building work complies with the building code.

  (3) This section—

  • (a) does not limit section 40 (which provides that a person must not carry out any building work except in accordance with a building consent); and

  • (b) accordingly, does not relieve a person from the requirement to obtain a building consent for building work.

  Section 96(1): substituted, on 14 April 2005, by section 10 of the Building Amendment Act 2005 (2005 No 31).